Rep. Kevin Lundberg, R-Berthoud, who has pushed the initiative with the help of retired Colorado Springs businessman Will Perkins. "But the merits of their argument I find to be a little incredible."

The legal strategy in some ways mirrors an approach gay- rights advocates used in Georgia, where a judge recently struck down an amendment to the state constitution that would have banned same-sex marriage.

Although the measure passed easily, the court found that it violated the state's single-subject rule. The Georgia court didn't rule on the technical issues until after the measure passed, but Colorado law deals with such matters before the vote, Steadman said.

Lundberg said his group will move forward and print petitions to gather 100,000 signatures - about 68,000 are needed before the August deadline to put the initiative to the ballot - even though an adverse court ruling could effectively kill the effort for this year.

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